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35 U. Mem. L. Rev. 485 (2004-2005)
Only We Can Save You: When and Why Non-Consumer Businesses Have Standing to Sue Business Competitors under the Tennessee Consumer Protection Act

handle is hein.journals/umem35 and id is 495 raw text is: Only We Can Save You: When and Why Non-Consumer Businesses Have Standing to Sue Business Competitors Under the Tennessee Consumer Protection Act D. WES SULLENGER* I. INTRODUCTION ......................................................... 486 II. STANDING TO SUE IN TENNESSEE ..............................487 III. THE RISE OF CONSUMER PROTECTION LAWS .............. 489 IV. THE TENNESSEE CONSUMER PROTECTION ACT ........... 493 A. Businesses Generally Have Standing Under the Tennessee Consumer Protection Act ............. 495 B. Businesses Have Standing to Sue Business Competitors Under the Act .................. 496 C. Why Business Competitor Standing Exists Under the Act ........................................... 500 1. The Language of the Act Has Always Allowed for Business Competitor Standing .................................... 500 2. The 1989 Amendment to the Act Removes Any Doubt That Business Competitors Have Standing to Sue ............... 501 3. Public Policy Concerns Further Buttress the Case for Business Competitor Standing ................................... 503 4. A Flexible Standing Test to * Associate in the Nashville office of King & Ballow Law Offices. The author practices all aspects of employment discrimination litigation as well as wage and hour law. He has also represented businesses as both plaintiff and defendant in cases involving the Tennessee Consumer Protection Act. The au- thor would like to thank Mark E. Stamelos, Esq., for his feedback on earlier drafts of this Article. Special thanks also to Tonya Sullenger for her support during the research and writing process.

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